Rule of law in bangladesh

Rule of law in Bangladesh an overview

1. RULE OF LAW IN
BANGLADESH: AN
OVERVIEW
[part 2]

2. RULE OF LAW AND THE CONSTITUTION OF
BANGLADESH
The rule of law is a basic feature of the constitution of Bangladesh. It has
been pledged in the preamble to the constitution of Bangladesh that –
‘"It shall be fundamental aim of the state to realize through the democratic
process a socialist society, free from exploitation - a society in which the
rule of law, fundamental human rights and freedom, equality and justice,
political economic and social, will be secured for all citizens."

3. RULE OF LAW AND THE CONSTITUTION OF BANGLADESH……
In accordance with this pledge the following positive provisions for rule of law have
been incorporated in the constitution:
Article 27 guarantees that all citizens are equal before law and are entitled to equal
protection of law.
Article 31 guarantees that to enjoy the protection of the law, and to be treated in
accordance with law, is the inalienable right of every citizen, wherever he may be
and of every other person for the time being with in Bangladesh, and in particular no
action detrimental to the life, liberty, body, reputation or property of any person shall
be taken except in accordance with Law.
Articles 44 and 102 ensured effective enforcement of 18 fundamental rights
guaranteed in the constitutional.
Article 7 and 26 impose limitation on the legislature that no law which is inconsistent
with any provision of the constitution can be passed.
In accordance with Article 7, 26 and 102(2) of the constitution the supreme court
exercise the power of judicial review whereby it can examine the extent and legality
of the actions of both executive and legislative and can declare any of their actions
void if they do anything beyond their constitutional limits.
Right to be governed by a representative body answerable to the people have been ensured
under Articles 7(1), 11, 55, 56, 57 and 65(2) of the constitution.

4. RULE OF LAW IN BANGLADESH: THE REALITY
First, access to law as well as equality before it, are reserved for only those who are
privileged.
Second, all government in this country have claimed that there is independence of
judiciary. The claim is only partially true, while the higher courts enjoy a certain
measure of independence, the lower courts are under the direct control of the law
ministry. The principle of separation of judiciary from executive is being violated in
two ways -
1. Magistrates are performing dual function of both executive and judiciary
which is not desirable in the interest of justice.
2. The service of district and session judges, their transfer, promotion etc. are
controlled not by the supreme court but by the law ministry.
Third, The government of Bangladesh continued to use the Special Power Act of
1974 and section 54 of the criminal code which allow for arbitrary arrest and
preventive detention, to harass political opponents and other citizens by detaining
them without formal charges.
Fourth, The very principle that law should take its own course requires that in
investigation and preparation and submission of the charge sheet, the investigating
agency should be free from, encumbrances influences and threats of all kinds.
Unfortunately, that situation does not obtain in today's Bangladesh. More over
number of extra judicial killing is high.

5. RULE OF LAW IN BANGLADESH: THE REALITY………
Fifth, Another aspect of rule of law relates to the limits of law making
power of the parliament itself. Our constitution quite rightly declares
the people as the repository of all power and they use it through their
elected representatives. However, law like special power Act of 1974,
judges impeachment provision violate the limit of rule of law.
 Sixth, Police is no doubt a very powerful institution for the
endorsement of the rule of law. But in Bangladesh, the police has
never been friendly with the public. The police serve the government
and enjoys, in exchanges, the freedom to act arbitrarily and in the
material interests of its own members.
Seventh, Ordinance making power can be supported only in
emergency situation like national crisis, national calamity severe
economic deflection etc. demanding for immediate legislative actions.
But article 93 of the constitution allows the president to promulgate
ordinances anytime during the recesses of parliament session.
On the other hand Article 141(A) empowers the president to declare
emergency whenever he wishes. By declaring emergency in peace
time the government can suspend fundamental rights and suppress
the opposition movement. This mounts to avowed arbitrary exercise
of power on the part of the government which is contradictory to the
concept of rule of law.

6. RULE OF LAW IN BANGLADESH: THE REALITY………
Eighth, The poor people could not reach before the judges only
because of mobility to meet the charge required for going through
the complicated process of litigation. Thus, they prefer injustice
than fatigue.

7. WHAT WE NEED FOR THE PRINCIPLE OF
DEMOCRATIC RULE OF LAW
To separate the judiciary immediately from the executive ;
To appoint an ombudsman for the sake of transparency and
democratic
accountability ;
To make the parliament effective and to let the law making body
to do its due business in cooperation with each other government
and opposition;
To reform the law enforcing agencies and police force to rid them
out of corruption and to free them from political influence so that
they could truly maintain the rule of law;
 To forge national unity and politics of consensus built around the
basic values of the constitution, namely democracy, respect for
each others human rights, tolerance, communal harmony etc.